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My husband and I were married in the state of Maryland & have been legally separated for over 20 yrs. Upon the death of either of us, can the surviving spouse make a claim on the deceased one's estate?

Asked on 5/07/13, 7:37 am

1 Answer from Attorneys

Yes, you are still legally married and thus have a right to claim your statutory share as a surviving spouse which is equal to 1/3 of the estate, assuming the deceased spouse is a resident of MD at the time of death. Even if he/she resided elsewhere, most states have similar laws. Of course, if either of you obtains a divorce, you would lose that right.